Rhode Island Small Claims Tort Exclusion

Rhode Island's small claims court excludes tort claims entirely — and this rule trips up more people than the $5,000 cap does. If your dispute involves negligence, personal injury, or property damage caused by someone's carelessness rather than a broken agreement, small claims will not hear it.

What the Tort Exclusion Means

Under D.C.R.S.C.P. Rule 5.01 and R.I. Gen. Laws § 10-16-1, Rhode Island small claims handles only monetary claims based on contracts, collection matters, and consumer purchases. The court explicitly excludes:

• Personal injury — any claim involving bodily harm, medical malpractice, or physical injury
• Negligence-based property damage — damage to your car, home, or belongings caused by someone's carelessness
• Motor vehicle accident damage — collision claims rooted in negligent driving
• Equitable remedies — the court cannot order someone to do something (fix your car, return your dog, tear down a fence)

Small claims does not hear negligence-based injury or property-damage claims. For monetary tort claims within its limit, the regular District Court civil docket is the alternative forum.

The Contract vs. Tort Distinction

This is where it gets tricky. Many disputes have elements of both. The question is whether the core legal theory behind your claim is a broken agreement (contract) or careless behavior (tort).

Contract claims that qualify for small claims:

• A landlord kept your security deposit without cause (breach of the lease and § 34-18-19)
• A mechanic charged for repairs but the problem is not fixed (breach of the repair contract)
• A contractor took a deposit and never started the work (breach of the construction agreement)
• A buyer agreed to purchase your item and did not pay (breach of the sale agreement)

Tort claims that do not qualify:

• A neighbor's tree fell on your fence (negligence — no contract between you)
• Someone rear-ended your car (motor vehicle tort)
• A dog bit you or damaged your property (animal owner negligence)
• A contractor's sloppy work caused water damage to your house (negligence-based property damage)

The Vehicle Claim Trap

Car-related disputes create the most confusion. A fender bender at a parking lot is a negligence claim — you are suing because the other driver was careless. That is excluded from small claims.

But a dispute over a private car sale (the seller misrepresented the car's condition) is a contract claim. A mechanic who charged for a repair under warranty and the repair failed is a breach-of-warranty contract claim. These qualify for small claims.

The test: are you suing because someone broke an agreement, or because someone was careless? The answer determines whether small claims is the right court.

Where to File Tort Claims Instead

If your claim is tort-based, you file on the District Court General Civil Docket, which handles monetary claims up to $10,000 and accepts tort actions. The filing process is different — formal civil rules apply, discovery is available, and the evidentiary standards are stricter.

For claims above $10,000, or where you need equitable relief (an injunction, a court order compelling action), you file in Superior Court.

If an excluded claim is dismissed, the $75.75 small-claims entry fee is non-refundable. The regular District Court civil docket is the alternative for monetary tort claims within its limit.

Mixed Claims

Some disputes have both contract and tort elements. If a contractor both failed to finish the job (breach of contract) and damaged your plumbing while working (negligence), you need to determine which legal theory applies. Do not divide a single cause of action arising from one transaction into separate suits to fit the $5,000 cap; consider the regular District Court civil docket for a combined claim.

The Filing a Small Claims Case in Rhode Island guide includes a forum-fit worksheet that helps you determine whether your specific dispute qualifies for small claims or needs to go to a different court.

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